Posts Tagged ‘grievance’

Once again, after winning in Federal Court, our battle has been extended by Treasury Board Secretariat. We find ourselves having to take TBS back into Federal Court to finalize our claim for Home Equity Assistance. Our family has carried this load for 5 years now, won our grievances and won in federal court, but TBS continues to SPEND YOUR TAX DOLLARS denying our entitlements.

The only way we can get accountability is by voting, and taking them to court.

We are once again asking for financial support to assist with this legal battle, so that the TBS will be held accountable to follow their own policies, instead of getting away with the use of Blanket Denials for hundreds of Canadian Military families. Details available at www.healoss.wordpress.com

I have been away from the computer lately, as I have had to change jobs after 26 years. Seems that a few supervisors wanted to peek into my medical records, and they got caught. My first day back at work and I got my posting message. I could not make this stuff up!

The following link provides the current details on the Government of Canada’s latest attempt to delay and deny the relocation entitlements ordered by the Federal Court of Canada.

I encourage all military families to have a look at the lengths that the government is going through to deny us entitlements on relocations. $73,000 equity loss, over $250,000 in losses, health, career, QOL etc.

Comments welcomed. Assessments of the Government’s motion to strike are also welcomed by the layperson, barrack room lawyer and Barrister alike.

If you think you are affected, you may contact the legal team directly at: HEAClassaction@mcinnescooper.com

In November 2014, the TBS received a report which they requested, in order to assess the housing market in Edmonton CMA and Bon Accord, Alberta between Jun 2007-May 2010. These are the dates that I lived in Bon Accord. This report was funded by your tax dollars.

Below is my response to this “market analysis” which has been provided to TBS.

05 December 2014

REPRESENTATION – MAJOR MARCUS BRAUER

CONTINUING HOME EQUITY ASSISTANCE DENIAL APPROACHING YEAR 5

Good afternoon Mr XXXXXXX:

As requested, please find below an initial analysis[1] of the Residential Market Conditions (hereafter the “report”) (prepared for PWGSC by XXXXXX) on 21 November 2014.

The report by XXXXXX, should have no impact on the decision of declaring Bon Accord a depressed market. As stated in the CFIRP (2009) the Market Analysis to be assessed is to be provided by the CF Member and the realtor. Further, the Federal Court of Canada has stated that:

“The applicant’s situation seems to me to be precisely the type of problem the CFIRP Directive was meant to remedy as indicated in the views expressed by the Grievance Board and the CDS. As interpreted by TBS, however, “CF members are subject to […] absorbing an equity loss” upon “relocation akin to a “forced relocation””. This cannot be what the Government of Canada intended for its military personnel”[2];

“I find that the TBS decision was unreasonable in the sense that it was not justified and was outside the range of acceptable outcomes defensible in light of the facts and the law”[3].

The report is found to be, at best, inconclusive and at worst –intentionally misleading. Significant problems include the intentional MLS data being manipulated to get the results in the report. This is reminiscent to the findings of the Federal Court Judge Justice Mosely, who reviewed the previous TBS market analysis for Bon Accord as follows:

The purpose of the report as stated by PWGSC in the Statement of Work[4] (SOW) was not the same as the author’s objective[5]. As below, the report did not provide any conclusions nor conduct the study with the same objective as required by PWGSC:

From SOW: “The stated objective of the study (in the SOW) is a third-party assessment of the market conditions in order to establish if a given location can be considered a “depressed market”[6];

Report states “The objective of this study is to determine whether or not Depressed Market conditions were experienced during the study period. A Depressed Market is said to exist where there has been a decline in residential Market Values of twenty percent or more”; and

The criteria provided to the author (Report Addendum A)[7] contains the requirements for a depressed market survey. These criteria are markedly different than the criteria listed in the 2009 CFIRP and therefore set the author up for failure in achieving the stated objective(s).

Terminology

Throughout the report, there was inconsistent use of terminology. This is one of the major dis-satisfiers with the overall 2009 HEA policy. Specifically:

“Edmonton CMA” is used interchangeably with the terms “Edmonton Region”, “full Edmonton CMA”, “Edmonton CMA Universe” although they have different meanings and geographic areas depending on the data (Statistics Canada and EREB[8] do not have overlapping geographic areas for CMA). Further, the geographic area for Edm CMA has changed according to StatsCan;

Variance: Variance is defined as: “A measure of overall variation in a set of data that represents the average squared difference between each value in the data set and the mean of all values”. The report appears to use the term to describe “difference”;

Sale price: Also used is “adjusted sale price” which is not defined, and implies that the data has been changed in some respect;

Significant (i.e. statistical significance): Refers to a statistical test result that leads to the rejection of the implicit or explicit hypothesis of independence between two or more variables. The author indiscriminately uses the term significant to imply “trustworthy, or of significant importance”;

Days on Market, Marketing time: are used interchangeably without being defined; and

Note that the author uses “Market Values”, which, according to CFIRP 2009 is defined as: “The value of a[9] residence at the time of its sale.”

Research validity

Throughout the report, the most basic conventions of research or analysis were not evident. These can lead to issues with interpretation, verification or duplication of the calculations or results. It certainly affects the credibility of the conclusions. Some of the gross errors include:

None of the diagrams, tables, charts or datum labelled;

the majority of charts and diagrams show only year (assume annual averages),

some diagrams do not include the report’s mandated dates at all[10] (i.e. 2007 and 2010 not represented;

the report’s data sources were not referenced in any diagrams, tables, charts or addenda;

data supposedly from MLS was only provided for Bon Accord, not Edm CMA;

boundaries of CMA’s and their sub-components change often[11]. MLS data does not make the same changes and is therefore, not representative of reflecting the housing market of a CMA;

Statistics from government agencies were not referenced, nor were source data tables or dates obtained provided[12];

The report and the 2009 CFIRP (TBS) have different definitions of depressed market: “Depressed Market is said to exist where there has been a decline in residential Market Values of twenty percent or more”[13]. Vs.: “Depressed market, as established by Treasury Board Secretariat, is defined as a community where the housing market has dropped more than 20%.” The author and the TBS are using different definitions of “Depressed Market”[14];

comparisons do not measure “like against like”[15]. By not using similar house types, the Edm CMA “Total Residential Market” data[16] includes duplexes and townhouses. One report cannot satisfy the market assessment unless it analyses the market(s) for each style of house, as required by CFIRP and the applicant//realtor to provide to DCBA/TBS. CFIRP 2009 states that “similar type homes” are to be compared for HEA calculations[17];

throughout the document, there are many direct relationships stated without any proof of cause and effect. The cause and effect must be either demonstrated, or referenced. Otherwise it is solely an unqualified opinion.

the report identifies the geographical area of the Edm CMA incorrectly according to Statistics Canada[18];

MLS data does not use the same geographical boundaries as the EREB or the CMA, therefore the CMA conclusions are ineffective;

throughout the report, different criteria were used to assess the % loss. These included average price per sq ft, sold price per sq m and average sale price. No standard unit of measure is used within the report to identify a change in price;

Annual sale values are used throughout the report. As the SOR requires Jun 2007-May 2010 information, no annual data will capture changes over these timeframes (i.e. Jun 2007 market compared to May 2010 market); and

multiple errors, omissions, mis-calculations and misclassifications are identified within the notes of the attached PDF file;

Efficacy of the Report

While the report did not achieve the objectives outlined in the SOW, it did attempt to provide a “market analysis” of Edmonton CMA and Bon Accord. There were serious issues with the methods and analysis used by the author:

the report did not use the same methodology for both Edm CMA and Bon Accord Market Analysis, although the author (incorrectly[19]) attempted to draw conclusions by comparing the two distinct geographical areas[20];

the report included only data from Bon Accord, and not Edm CMA;

Bon Accord analysis:

the report excluded some MLS data from the Bon Accord Analysis;

the missing Bon Accord MLS data was not presented,

rationale for removing the MLS data from Bon Accord was not identified;

The impact on the “missing data” was not identified not stated;

The report did not identify the number of homes sold during the Jun 07-May 10 timeframe, a definite indicator of a depressed market. In the Bon Accord community, there was only one BLEVL type homes sold, which represents 100% of the market between those two dates. Note also that the FCC identified that “30 houses had sold in Bon Accord in 2007 and 40 in 2008, only 6 had been sold as of May 2010”

Edm CMA analysis: Much of the Edm CMA analysis is captured in comments on the attached PDF file and is beyond the scope of this report;

Generally accepted research principles conduct research in a specific order to minimize error or influence of the author. This sequence is for the investigator to: Follow the objective, develop indicators, measure, study and conclude. This report appears to deny there are depressed markets, provide measures then manipulate the MLS data. It never achieves it’s secondary stated outcome of “identifying five benchmarks of the real estate market”[22].

Conclusions

The TBS is to base their decision on the Market Analysis provided by the CAF and his/her realtor to determine a depressed market[23] in accordance with the CFIRP. Conducting an additional analysis only demonstrates the desire to limit/deny applications for HEA. As noted in the initial HEA application, the Community of Bon Accord’s housing market was calculated by a realtor (as specified in the CFIRP).

The realtor identified that the Bon Accord housing market fell by 23.11% (undisputed by TBS in Federal Court). This evidence was un-contradicted in the FCC between Jun 2007 and May 2010.

A 47 page report which self identifies its conclusions as “speculative”, “interpretive”, “not guaranteed for accuracy” speak towards its validity. When conclusions are drawn from an analysis which is self stated as statistically insignificant, those results should not be relied upon. Specifically: “It (average home sale prices in Bon Accord) does not represent the variance from June 2007-May 2010 as there is insufficient sales in the Town of Bon Accord to draw a statistically relevant conclusion”, goes on to conclude in the report summary that “depressed market conditions” were not experienced in the Edmonton CMA or the Town of Bon Accord”[24].

SUMMARY

The report compiled for the TBS is not valid and it should not be relied upon to make any determination on market conditions.

The report identifies that it has different objectives and criteria than requested in the Statement of Work;

As the 20% criteria was proven in the initial 2010 application, uncontested in Federal Court and deemed not necessary in the only two successful HEA cases in Canada[25][26], it is unclear why another report was commissioned where it cannot be used in making the decision of a depressed market;

By using the MLS data provided in the report, and using all of the homes of similar type (BLEVL) bought between Jun 2007 and May 2010, with a sample size of 100% of the Bon Accord market, bought in those months, the housing market fell by 21.7%. This statistic is in agreement with the Royal Lepage assessment provided in the initial application date 10 May 2010, which found the Bon Accord housing market to have gone down by 23.11%. This report provides multiple percentages, but does not provide one percentage of housing market decrease for Bon Accord as requested in the SOW.

22. Considering the history of this matter and the length of time I been attempting to obtain a remedy, I would ask that this matter be dealt with expediently. As the TBS has confirmed through providing 100% HEA in Temiscaming, QC and Yarmouth, NS without a market analysis confirming 20% loss, and considering that the 20% factor is not the only factor to be considered, I would ask that this application for entitlements be dealt with post-haste in order for me to attempt to regain some of my life, career and family. Of note, I contacted the members who won their HEA application in Temiscaming and Yarmouth, and they both were terrified that they were contacted, and advised that they were told they cannot talk about it. I may be reached at the number below if you require any clarification/information.

“e-signed”

Marcus Brauer

Major

25 Wheatstone Heights, Dartmouth

Nova Scotia, B2Y 4E1

(902) 466-4339

Appendix: e-copy of Report with notes

cc: CAF Ombudsman’s Office

cc: Hon Robert Chisholm

cc: Undisclosed recipients (4)

[1] The foundation of my review is based on a masters level courses obtained in 2010-2012. Managerial Epidemiology (HESA 5320.03), is “designed for health administrators, not researchers. The course has three components: assessing the health status of a population using existing data; using Epi-Info for statistical analysis of associations (relative risk, odds ratio, chi-square test, confidence intervals, Mantel-Haenszel analysis, multiple logistic regression); and clinical guideline monitoring. Throughout the course, recurring themes are: understanding the meaning of numbers, assessing validity, and ascertaining causation, including the concepts of confounding and effect modification”. Further my masters level thesis was an 10 year trend analysis of blue cross payments by the Canadian Forces, which involved many hundreds of thousands of calculations. I have significant experience in assessing research and conducting analysis of data. Several courses in research methodology and master level statistics courses as well.

[5] As noted in an email from PWGSC (3 Dec 2014) “In this instance, the report you reference was a low dollar value sole source contract, as an update of previous work to specifically address the Bon Accord market in the context of an earlier study of the Census Metropolitan Area (CMA) Edmonton market. This original work was contracted after competitive bids were solicited from qualified suppliers. Details of the deliverables required and the original statement of work for the CMA Edmonton study were included in the addenda of the report.”

[6] Note: This report is supposed to be provided by the CF Member and their realtor (Royal Lepage) which was provided in the initial application.

[12] In accordance with the Materials on the Statistics Canada website were produced and/or compiled by Statistics Canada for the purpose of providing Canadians with access to information about the programs and services offered by the Government of Canada. The information is being used against Canadians by the Government. Not being used for the purpose for which it was gathered, nor is it being referenced.

[15] B.A. is a town, while the Edm CMA remains poorly defined. Even if the Edm CMA was defined (using either MLS, EREB or Statscan geographical boundaries), it is akin to making a comparison between your spleen (Bon Accord) and your body (Edm CMA).

[19] As determined in the FCC decision “It appears that no consideration was given to the differences between Edmonton, a major urban centre with a diversified economy and population of about 1 million and Bon Accord, a small town linked to the oil industry”.

[20] Edm CMA had no adjustments of MLS data due to physical characteristics of the properties, while Bon Accord had the selling prices in 2010 greatly manipulated (adjusted sale price) for that same reason. (report pp.21). This had an impact on the calculation.

[26] “The declarations in these that the standard required in this instance – a decline in the housing market of greater than 20% – was not required in those cases” two cases contained no finding that the entire housing market had declined by 20% or more. Rather they dealt with the general economic conditions in both communities and the personal circumstances of the individuals concerned. Thus it appears

I have attempted to resolve at the lowest levels, however the Crown continue to delay and refuse responsibility.

NOW: All CAF families who have been denied relocation entitlements can join in the class action (at no cost) in an attempt to compensate for systemically denied relocation entitlements. Please pass this information along to serving/retired members who took a large equity hit on their home sale upon posting.

According to Treasury Board Secretariat there are 147 families who were systematically denied between 2007-2010, there were 146 applications for 100% HEA from core (above the $15,000). ALL REQUESTS WERE DENIED BY TBS.

Now, I am asking for your help to spread the word, so that these 146+ families can get justice for the monies wrongly denied from them by TBS (some in excess of $100,000).

This has been a bad week. I thought I could keep it together until the end, but I can’t. The Judicial Review will go ahead but there has been a significant cost for this CF Family. Let me explain.I took some time at lunch today to go to the cenotaph, being just short of D-day. I noticed on the back there is an inscription which reads:“In the city archives are treasured the names of thirteen hundred and sixty men and women whose sacrifice is perpetuated by this memorial”. So, I wandered across the grand parade to city hall. I asked if I could view these treasured names. “Sorry sir, we cannot locate them, but if you leave your name and contact information…”I just wanted to know what I was fighting for. I guess I found my answer.The whole Home Equity Assistance fight was about getting what we were entitled to under the law, about accountability, doing what is right and looking out for our families and our troops. This isn’t a handout, it is holding the government accountable for their promise to reimburse equity loss. It takes a good deal for a family of 7 to recoup, $73,000. Actually, it cannot be done, I am a witness to that.3 and a half years have passed. Nothing. No movement, no help and only the smallest of interest from my fellow Canadians (which is greatly appreciated). While the help was not enough, I spent the rest of my lunch contemplating my next move. I knew what it was, I had them on the other side of the counter before, but I had never gone through with it.I took my two most prized possessions – my wedding band and my Medals. Sold them both.I have said good bye to my wife as we cannot remain together while this is going on. The fighting and stress used to be unbearable, until this weekend when I realized that I was the problem. I have spent so much on trying to resolve this, that I have neglected my family. I can’t begin to explain the pressure, fortunately, God did not give me the strength to commit suicide.So this is my plea. I have done everything that has been asked of me by my country, and it has cost me my family, my mind, our children’s future…everything which I went to war for.I do thank those who tried to help, but even the powerful have bosses. I ask, most humbly for forgiveness to those I hurt; my family, my friends, my peers. As for me, there is nothing left. I am a shell of a man who has fought a good fight, but until this week did not know defeat. I did the right thing, I stayed within the lines, it cost me everything.

To: Chisholm, Robert – Riding 1ASubject: RE: Marcus Brauer and the Home Equity Assistance Program

Dear Mr. Chisholm:Thank you for your correspondence of September 13, 2012, on behalf of Major Marcus Brauer, concerning the Home Equity Assistance (HEA) benefit and the Treasury Board Secretariat (TBS) review of Bon Accord market for the period between 2007 and 2010.On June 22, 2012, an email communication between the Director Compensation and Benefits Administration (DCBA) and TBS staff confirmed that decisions on HEA reviews could soon be expected. The TBS decision letter on the market assessment for Bon Accord, a protected letter addressed to DCBA dated July 17, 2012, was received by DCBA on July 23, 2012. On July 30, 2012, DCBA informed Major Brauer of the TBS decision via email and included a copy of the TBS protected letter dated July 17, 2012. The TBS decision stated that Bon Accord, Alberta (which is included within the Greater Edmonton Area) was not deemed to be a depressed market for the period of 2007 to 2010, and, therefore, Major Brauer’s request for 100 percent reimbursement of the loss on the sale of his residence in Bon Accord was denied.I am confident that throughout this process the Department of National Defence ensured Treasury Board approved policies and procedures were respected at all times. With respect to your request that I engage Minister Tony Clement to ensure fair and equitable treatment for Major Brauer and other members in similar situations, I can assure you that DCBA has liaised with TBS staff ensuring each and every file has been dealt with using the utmost professionalism, empathy, and due diligenceAll our members have received and continue to receive fair and equitable treatment.I trust this information is helpful, and thank you again for writing.

146 of 146 military families were systemically denied their entitlements by the Crown. The research is done, the application for Federal Court is drafted but the one person moving this forward is already financially destroyed. Because the affected members are financially devastated, there is no opportunity to get this to Federal Court (the next and final stage in the resolution of the issue). This is also a clear demonstration, that CF members grieving a TBS controlled policy, cannot get justice as they are financially limited.I have a few options remaining, and will be taking it to Federal Court regardless, but it would be best if I did not have to disadvantage my family any further (financially).Updates are regularly posted to https://healoss.wordpress.com/ which has quite a following and has all media releases, press coverage and a good taste of evidence, but without any assistance it is pretty difficult to get any traction.I am not very good at fundraising, but I aim to raise about $20,000 in order to get the appropriate legal team on board. Without it, I’m afraid that by taking this case forward as a test case on my own, will not do justice to the affected families. It would be a shame to lose on a technicality. Especially since the issue is so well supported by the CF Ombudsman, CDS, CFGBA, my Member of Parliament and Canadian society.I hope to have a fundraising webpage up shortly, but need some help. Any one that is willing to help out, please share this info and help out with fundraising.Thank you.

146 of 146 military families were systemically denied their entitlements by the Crown. The research is done, the application for Federal Court is drafted but the one person moving this forward is already financially destroyed. Because the affected members are financially devastated, there is no opportunity to get this to Federal Court (the next and final stage in the resolution of the issue). This is also a clear demonstration, that CF members grieving a TBS controlled policy, cannot get justice as they are financially limited.I have a few options remaining, and will be taking it to Federal Court regardless, but it would be best if I did not have to disadvantage my family any further (financially).

Updates are regularly posted to https://healoss.wordpress.com/ which has quite a following and has all media releases, press coverage and a good taste of evidence, but without any assistance it is pretty difficult to get any traction.I am not very good at fundraising, but I aim to raise about $20,000 in order to get the appropriate legal team on board. Without it, I’m afraid that by taking this case forward as a test case on my own, will not do justice to the affected families. It would be a shame to lose on a technicality. Especially since the issue is so well supported by the CF Ombudsman, CDS, CFGBA, my Member of Parliament and Canadian society.I hope to have a fundraising webpage up shortly, but need some help. Any one that is willing to help out, please share this info and help out with fundraising.Thank youMarcus Brauer

HEA Timeline Presentation
This presentation is made to assist with the sharing of information on the systemic denial of Home Equity Assistance by Treasury Board Secretariat

Access to Information Requests

A201000410
Correspondence sent by R. Singh regarding the Integrated Relocation Program and all correspondence between R. Singh and his superior officers, his deputy minister and others for the period of June 1, 2008 to October 29, 2010.

A201101059
All documents relating to the Litigation Management Unit that have been received or sent by Michelle d’Auray, Daphne Meredith, Andrew Saxton or Tony Clement from June 1, 2011 to March 15, 2012.

A-2010-01371
Original and complete text used by CDS to render his decision on Grievance Case Summary 2010-043 dated 16 Sept 2010.

A201100175
Background briefing notes prepared by the Treasury Board Secretariat for the new President, the Honorable Tony Clement.

A201000690
Copy of the current contract for relocation services between the Royal Canadian Mounted Police, Brookfield Global Relocation Services and Treasury Board Secretariat.

A-2010-00699
Communications from TBS re: applications for Home Equity Assistance in a depressed market (2007-2010). Number of CF members who have applied for + granted 100% HEA during this time. Any policy clarification or research studies on depressed markets.

A201000469
Copy of the following documents: the Crown Liability and Proceedings Act; Debt Write Off Regulations; Treasury Board Policy on Claims and Ex-Gratia payments; and the Treasury Board Risk Management Policy.

A201000295
Copies of 47 briefing notes on various issues sent to the President of the Treasury Board.

ATI A-2012-00942
All memos, reports, emails, briefing notes, minutes of meetings held within DND and any letters to or from TBS between 1 Jan 09-5 Aug 12 on the subject of 100% HEA, depressed markets or policy…

Relocation funds reported to be shifted to Mental Health
additional funds for mental health were transferred from the military relocation envelope shows the government is making up a “patchwork” strategy on the fly, he said, calling MacKay’s announcement “pre-emptive damage control.”

Definition of Community
The following is a description of one of the communities in question (Bon Accord, Alberta) which is, in accordance with Federal, legal and logical definitions, a community as required in the CFIRP HEA policy. This information was provided to TBS as part o

Donations
Although we won in Federal Court, the Treasury Board continues to deny payment. Please support our second attempt at justice.

Legislation

Bill C-15
Strengthening Military Justice in the Defence of Canada Act-An Act to amend the National Defence Act and to make consequential amendments to other Acts

PC Number: 2012-0861
PC Number: 2012-0861: His Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of National Defence, makes the annexed Canadian Forces Grievance Process Ex Gratia Payments Order.

Lamer Report
The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act. “Those responsible for organizing and administrating Canada’s military justice sy

Constitution Act
Constitution Act: Legal Rights Marginal note:Life, liberty and security of person 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justic

It's Your Move (Brookfield Global Relocation Services) 2010-11
These exerpts show the definition of community as communicated to the Canadian Forces, and to the Third Party Contractors (i.e. realtors who conduct the depressed market ananlysis of the community. Surely, this substantiates the term community as a town.

PERSPECTIVES from the Canadian Forces Grievance Board-May 2011
This decision is said to be based on an email notification provided by a staff officer at TB in May 2009 to the effect that there are no “depressed markets” in Canada. It was later explained to the Board that the matter had not been pursued “given o

Canadian Forces Grievance Board 2012 Annual Report
The Board firmly believes that something must be done to assist Canadian Forces members who have been affected by the Home Equity Assistance policy. The Board has suggested to the Chief of the Defence Staff that this significant issue requires a considere

Case # 2012-140
the CDS agreed with the Board that the situation incurred by CF members with the application of the current Home Equity Assistance (HEA) policy is egregious. Therefore, the CDS confirmed the Board’s systemic recommendation submitted in previous files o